Patient Injuries

Compensation is payable in the following situations:

• If it is deemed that an experienced specialist would have acted differently in connection with the examination, treatment or otherwise, whereby the injury would have been avoided.
• If the injury is due to a defect or failure in the technical equipment or in any other equipment used in connection with the examination, treatment or the like.
• If a subsequent evaluation concludes that the injury might have been avoided by means of another treatment technique or treatment option available, being equally efficient for treatment of the disease concerned, from a medical point of view.
• In case of complications being more comprehensive than a patient should reasonably endure, compared to the patient’s basic medical condition.

Patient injuries must be reported to the Patient Compensation Association, who has the authority to decide whether to acknowledge the injury. If the injury is acknowledged, compensation will be measured under the Liability in Damages Act, see Liability for Compensation.

Decisions from the Patient Compensation Association may be appealed against before the Appeals Board for Patient Injuries, subject to a time limit of three months. Complaints must be filed with the National Agency for Patients’ Rights and Complaints, i.e. the secretariat of the Appeals Board for Patient Injuries.

Decisions from the Appeals Board for Patient Injuries may be brought before the ordinary courts of law, subject to a time limit of six months.

It is essential to observe the above time limits.

Please feel free to contact our team of lawyers specialised in Compensation for Personal Injury.